Posted on 12/08/2020 5:41:35 AM PST by BlackFemaleArmyColonel
The State of Texas filed a lawsuit directly with the U.S. Supreme Court shortly before midnight on Monday challenging the election procedures in Georgia, Michigan, Pennsylvania, and Wisconsin on the grounds that they violate the Constitution.
Texas argues that these states violated the Electors Clause of the Constitution because they made changes to voting rules and procedures through the courts or through executive actions, but not through the state legislatures. Additionally, Texas argues that there were differences in voting rules and procedures in different counties within the states, violating the Constitution’s Equal Protection Clause. Finally, Texas argues that there were “voting irregularities” in these states as a result of the above.
Texas is asking the Supreme Court to order the states to allow their legislatures to appoint their electors. The lawsuit says:
Certain officials in the Defendant States presented the pandemic as the justification for ignoring state laws regarding absentee and mail-in voting. The Defendant States flooded their citizenry with tens of millions of ballot applications and ballots in derogation of statutory controls as to how they are lawfully received, evaluated, and counted. Whether well intentioned or not, these unconstitutional acts had the same uniform effect—they made the 2020 election less secure in the Defendant States. Those changes are inconsistent with relevant state laws and were made by non-legislative entities, without any consent by the state legislatures. The acts of these officials thus directly violated the Constitution.
"This case presents a question of law: Did the Defendant States violate the Electors Clause by taking non-legislative actions to change the election rules that would govern the appointment of presidential electors? These non-legislative changes to the Defendant States’ election laws facilitated the casting and counting of ballots in violation of state law..."
(Excerpt) Read more at breitbart.com ...
BIG QUESTION IS THIS: Will Texas have STANDING to make this suit?
I sure hope so......and perhaps this could be what turns the tide.......
Kudos for Texas........
Texas is asking SCOTUS to order them to do it.
Interesting indeed: “The outcome of the Electoral College vote is directly affected by the constitutional violations committed by Defendant States. Plaintiff State complied with the Constitution in the process of appointing presidential electors for President Trump. Defendant States violated the Constitution in the process of appointing presidential electors by unlawfully abrogating state election laws designed to protect the integrity of the ballots and the electoral process, and those violations proximately caused the appointment of presidential electors for former Vice President Biden. Plaintiff State will therefore be injured if Defendant States’ unlawfully certify these presidential electors.
“How were Texas voters disenfranchised? We only have the right to vote for Texas’s electors, not Georgia’s or Pennsylvania’s electors.”
In Jim Crow days it was said black voters in southern states were disenfranchised by laws in those states.
Then other states - Pennsylvania for example - voted in Congress to adopt the 1965 federal Voting Rights Act to make sure black people could vote in Georgia, although Pennsylvania black voters were not being disenfranchised.
No analogy is ever exact, but if the Supreme Court wanted to get into the middle of this dispute they could find a way.
Why doesn’t Florida join with Texas in the lawsuit?
It will lead to people like Kemp and Raffensperger and many others facing criminal charges.
*************
They may get exposed but will never face charges. Our political class has shown time and again it is above the law.
I believe it was Roger Staubach of the Dallas Cowboys who first made the Hail Mary pass famous.....so Hail Texas!!!
I wonder, would the Trump voters have a class action lawsuit?
Very! But I’m sure the leftist court will argue that Texas has “no standing” to bring a lawsuit…
>>I think the argument is sound but I doubt SCOTUS will accept that Texas has standing.<<
Sure we do. By these boneheads in the swing states altering voting rules w/o the legislative body as prescribed by their own state constitutions as well as the U.S. constitution...it’s a more solid case than all this other crap I’ve read about.
If the Solicitor general of the great state of Texas moved forward...he’z confident the SCOTUS will schedule a hearing of oral arguments.
I am so tired of the Sidney Powell and Lin Wood haters....they are like Edward G Robinson’s Dathan character in the Ten Commandments
Yes, Texaas has standing. In fact, it’s probably the reason that Texas (the Trump team) is bringing this case. The SCOTUS has what’s called original jurisdiction between controversies between States. If you’re a state suing a state, then the Court must hear your case, because there is no other forum to hear it (all other forums have a State “bias”). There is a controversy, because Texas claims that the other States’ actions had an impact on Texas.
Finally, to have standing, the plaintiff (Texas) must demonstrate that it is suffers the imminent loss of a protected interest, the legal interest in this case being the choice of who is the President.
I think that covers it all (if law school memory serves me correctly)
Clearly stated view. Thank you.
In my view the Defendant States, through manipulated voting processes, exercised undue influence on the outcome of a national election. If this fraud stands we are no longer a republic.
Minnesota did as well. SoS changed the rules absent consent of the State legislature and in violation of both the US and the MN Constitution.
Rules don’t apply to Socialists apparently.
Past due time to disabuse them of that notion. Violently if necessary...
GA. HAS A WEAK GOVERNOR.
“Whereas the House represents the People proportionally, the Senate represents the States. See U.S. CONST. art. V, cl. 3 (“no state, without its consent, shall be deprived of its equal suffrage in the Senate”). While Americans likely care more about who is elected President, the States have a distinct interest in who is elected Vice President and thus who can cast the tie-breaking vote in the Senate. Through that interest, States suffer an Article III injury when another State violates federal law to affect the outcome of a presidential election. This injury is particularly acute in 2020, where a Senate majority often will hang on the Vice President’s tie-breaking vote because of the nearly equal — and, depending on the outcome of Georgia run-off elections in January, possibly equal — balance between political parties. Quite simply, it is vitally important to the States who becomes Vice President.”
I believe SCOTUS can order them into session to take it up, and any resistant members can be met with pitchforks, tar, and feathers outside the respective capital buildings
We haven't been a true "Republic" for a while. But this would certainly rip away the last bit of illusion.
>>Texas is asking SCOTUS to allow state legislatures to do something they are already permitted to do?<<
Not asking the SCOTUS to allow, Texas will be forcing the other states to adhere to the constitution utilizing the power of the Supreme court, thereby bypassing any corrupt local/state election officials that are trying to push Biden across the finish line.
This is very encouraging. Hoping to hear other states either file similar cases with the SC or join Texas.
“So, shut your stupid mouth concerning Sidney Powell.”
Once she told our people to throw the Georgia Senate Elections, she became fair game to our side - even TRUMP AGREES WITH ME that the Republican candidates in Georgia need to win, regardless of what even happens to him (Trump himself).
But I’ve been encouraged lately. When I was searching the web for a particular quote that I attributed to her (wound up being Lin Wood), I found our hated media identified her as a Q-conspiracist, meaning that our people aren’t taking her seriously, thankfully (for once the media is helping our side, at least in Georgia!).
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